NATIONAL BOARD FOR TECHNICAL EDUCATION ACT

ARRANGEMENT OF SECTIONS

Establishment, etc., of National Board for Technical Education

SECTION

I.    Establishment of the National Board for Technical Education.

1. Membership of the Board.
2. Tenure of office.
3. Removal from office of members of the Board.
4. Functions of the Board.
5. Provisions supplementary to section 5.
6. Executive secretary to the Board.
7. Staff of the Board.
8. Application of Pensions Act.

Finance

10.   Establishment of the National Boards for Technical Education Fund.
11 .  Maintenance of separate fund by the Board.

1. Expenditure of the Board.
2. Annual estimates and accounts.

Miscellaneous and supplementary

1. Annual reports.
2. Power to obtain information.
3. Power of Minister to give directions to the Board.
4. Interpretation.
5. Short title.

SCHEDULE

Supplementary provisions relating to the Board, etc.

An Act to establish the National Board for Technical Education as a body corporate
to advise the Federal Government on all aspects of technical education which fall
outside the scope of the universities and other matters ancillary thereto.

[1977 No. 9.]

[11th January, 1977]

[Commencement.]

Establishment, etc., of National Board for Technical Education

1. Establishment of the National Board for Technical Education

(1) There is hereby established a body to be known as the National Board for Techni-
cal Education (in this Act, referred to as “the Board”) which shall be a body corporate
with perpetual succession and a common seal and may sue and be sued in its corporate
name.

(2) The supplementary provisions contained in the Schedule to this Act shall have ef-
fect with respect to the proceedings of the Board and other matters mentioned therein.
[Schedule.]

2. Membership of the Board

(1) The Board shall consist of a chairman who shall be appointed by the President

and the following other members, that is-

(a)       one person to represent the Ministry of Education;

(b)       one person to represent the Ministry of Labour and Productivity;

(c)        one person to represent the Ministry of Agriculture and Water Resources;

(d)       one person to represent the Ministry of Industry;

(e)        two persons to represent the polytechnics;

(j)        one person to represent technical colleges;

(g)       two persons to represent the Colleges of Agriculture;

(h)      one person to represent the States of the Federation;

(i)        one person to represent the Industrial Training Fund;

       (j)       one person to represent employers organisations;

(k)      one person to represent the National Manpower Board;
(l)       two persons to represent professional bodies;

     (m)     one person to represent the National Commission for Women;

(n)      two persons to be appointed on individual merit on a nationwide basis who
should have wide experience of service in the public or private sector; and

 (o)     the executive secretary of the Board who shall be an ex-officio member of the
Board but shall not have the right to vote at meetings of the Board.

[1993 No. 8.]

(2) The chairman and the members of the Board, not mentioned under para-
graphs (a), (b), (c) and (d) of subsection (1) of this section, shall be appointed by the
President.

[1993 No. 8.]

1. Tenure of office

(1) Subject to the provisions of this Act, a person appointed to be a member of the
Board, not being a public officer or appointed under paragraph (h) of section 2 (1) of this

Act, shall hold office for a period of three years from the date of his appointment and
shall be eligible for re-appointment.

(2) Any member, not being a public officer, may resign his appointment by a notice
in writing under his hand addressed to the Minister.

(3) Members of the Board, not being public officers, shall be paid such remuneration
and allowances as the President may determine.

1. Removal from office of member of the Board

(1) The Minister may at any time remove any member of the Board from office if he
is of the opinion that it is not in the interest of the Board for the member to continue in
office and shall notify the member in writing to that effect.

(2) Where the Board is satisfied that the continued presence on the Board of any
member is not in the national interest or the interest of the Board, the Board may recom-
mend to the Minister that the member concerned be removed from his office.

1. Functions of the Board

The functions of the Board shall be-

(a)              to advise the Federal Government on, and to co-ordinate all aspects of, techni-
cal and vocational education falling outside the universities and to make rec-
ommendations on the national policy necessary for the full development of
technical and vocational education for the training of technicians, craftsmen
and other middle-level and skilled manpower;

(b)              to determine, after consultation with the National Manpower Board, the In-
dustrial Training Fund and such bodies as it considers appropriate, the skilled
and middle-level manpower needs of the country in the industrial, commercial
and other relevant fields for the purpose of planning training facilities and in
particular to prepare periodic master plans for the balance and co-ordinated
development of polytechnics and colleges of technology and such plans shall
include-

(i)    the general programmes to be pursued by polytechnics and colleges of
technology in order to maximise the use of available facilities and
avoid unnecessary duplication while ensuring that they are adequate to
the manpower needs of the country; and

(ii)    recommendations for the establishment and location of new polytech-
nics and colleges of technology as and when considered necessary;

(c)               to inquire into and advise the Federal Government on the financial needs, both
recurrent and capital, of polytechnics and colleges of technology and other
technical institutions to enable them meet the objective of producing the
trained manpower needs of the country;

(d)               to receive block grants from the Federal Government and allocate them to
polytechnics and colleges of technology in accordance with such formula as
may be laid down by the President;

(e)               to act as the agency for channelling all external aid to polytechnics and col-
leges of technology in Nigeria;

(f)         to advise on, and take steps to harmonise entry requirements and duration of
courses at technical institutions;

(g)        to lay down standards of skill to be attained and to continually review such
standards as necessitated by technological and national needs;

(h)        to review methods of assessment of students and trainees and to develop a
scheme of national certification for technicians, craftsmen and other skilled
personnel in collaboration with Ministries and organisations having technical
training programmes;

(i)         to undertake periodic reviews of the terms and conditions of service of person-
nel in polytechnics and colleges of technology and to make recommendations
thereon to the Federal Government;

(j)         to collate, analyse and publish information relating to technical and vocational
education;

[1993 No. 8.]

(k)        to recommend to the Visitor of a polytechnic that a visitation be made to the
polytechnic as and when it considers necessary;

(l)         to consider any matter pertaining to technical or technological education as
may be referred to it from time to time by the Minister; and

(m)       to carry out such other activities as are conducive to the discharge of its func-
tions under this Act.

6. Provisions supplementary to section 5

In its role of advising on all aspects of technical education, the Board shall make rec-
ommendation as to how best-

(a)        to stimulate and encourage pre-vocational and general technical education in
secondary schools not only as a basis for creating early technological aware-
ness, but also to provide suitable orientation for further education and training
in technology and to provide direct practical skills for earning a living;

(b)        to inculcate in the public the attitude of respect for, and appreciation of, the
role of technology in society;

(c)        to advise on and take measures to improve the immediate and long-term pros-
pects of technicians and technical teachers with respect to status and remu-
neration;

(d)        to expand the facilities for the training of technical teachers and ensure that
these teachers are exposed, both during and after training, to industrial experi-
ence;

(e)        to involve experts both in government and industry in the design of courses
relevant to the practical needs of the country in all fields; and

(j)         to provide encouragement for women to enter a wider range of fields of tech-
nical education.

7.   Executive secretary to the Board

(l) There shall be appointed by the President on the recommendation of the Minister,
an executive secretary who shall have appropriate qualifications.

(2) The executive secretary shall be the chief executive officer of the Board and shall
be responsible for the execution of the policy of the Board and the day-to-day running of
the affairs of the Board.

(3) The executive secretary shall hold office in the first instance for a period of five
years and shall be eligible for re-appointment for such further terms as the President may
determine.

(4) Subject to this section, the executive secretary shall hold office on such terms as
to emolument and otherwise as may be specified in his letter of appointment, and as may,
from time to time, be approved by the President.

8. Staff of the Board

(1) The Board may appoint other employees of the Board to assist the executi ve sec-
retary in the exercise of his functions.

(2) The remuneration and tenure of office of the other employees of the Board shall
be determined by the Board after consultation with the Federal Civil Service Commis-
sion.

(3) Notwithstanding the provisions of subsection (1) of this section, employees of the
Board may be appointed by the Board of the transfer or secondment from any of the civil
services of the Federation.

1. Application of Pensions Act

(1) The Federal Civil Service Commission may by order published in the Federal
Gazette declare the office of any person employed by the Board to be a pensionable of-
fice for the purposed of the Pensions Act.

[Cap. P4.]

(2) Subject to subsections (3) and (4) of this section, the Pensions Act shall in its ap-
plication by virtue of the foregoing subsection to any office have effect as if the office
were in the public service of the Federation within the meaning of the Constitution of the
Federal Republic of Nigeria.

(3) For the purpose of the application of the Pensions Act in accordance with subsec-
tion (2) of this section-

(a)       paragraph (1) of section 7 of that Act (which confers on the Minister power to
waive the requirement to give notice of desire to retire at the age of forty-five)
shall have effect as if for the references to the Minister there were substituted
references to the Board; and

(b)       the power under section 9 (1) of the Act to require an officer to retire at any
time after attaining the age of forty-five, subject to his being given six months’
notice in writing, shall be exercisable by the Board and not by any other
authority.

(4) Nothing in the foregoing provisions shall prevent the appointment by the Board
of a person to any office on terms which preclude the grant of a pension or gratuity in
respect of service in that office.

Finance

10. Establishment of the National Board for Technical Education Fund

(1) There shall be established by the Board, a fund to be known as the National
Board for Technical Education Fund.

(2) There shall be paid and credited to the fund established in pursuance of subsec-
tion (1) of this section-

(a)       such sums as may be made available to the Board for the purpose of mak-
ing grants to polytechnics and colleges of technology in pursuance of para-
graph (d) of section 5 of this Act; and

(b)       such sums as may, from time to time, be credited to the fund by way of pay-
ment of the principal and interest on and other charges in respect of any loan
made out of the fund, and also any interest from investments made from the
fund.

(3) The fund shall be managed in accordance with rules made by the Minister for Fi-
nance; and, without prejudice to the generality of the power to make rules under this sub-
section, the rules shall in particular contain provisions-

(a)       specifying the manner in which the assets of the funds are to be held, and
regulating the making of payments into and out of the fund; . ”

(b)       requiring the keeping of proper accounts and records for the purposes of the
fund in such form as may be specified in the rules;

(c)         requiring copies of the accounts to be audited periodically by the Auditor-
General for the Federation; and

(d)        requiring copies of accounts and of the auditor’s report on them to be furnished
to the President through the Minister.

11. Maintenance of separate fund by the Board

(1) The Board shall establish and maintain a separate fund from which shall be de-
frayed all expenditure incurred by the Board except such expenditure as may be incurred
pursuant to section 10 of this Act.

(2) There shall be paid and credited to the fund established in pursuance of subsec-
tion (1) of this section such payments as may be made to it by the Federal Government
for the running expenses of the Board and all other assets from time to time accruing to
the Board otherwise than in pursuance of section 10 of this Act.

12. Expenditure of the Board

(1) The Board may, from time to time, apply the proceeds of the fund established in
pursuance of section II (l) of this Act-

(a)        to the cost of administration of the Board;

(b)       to the payment of the salaries, fees or other remuneration or allowances and
pensions, superannuation allowances and gratuities payable to members or
employees of the Board, so however that no payment of any kind under this
paragraph shall be made to any person who is in receipt of emoluments from
the Government of the Federation or the Government of a State;

(c)        for the maintenance of any property vested in the Board; and

(d)                    for and in connection with any of its functions under this Act.

13. Annual estimates and accounts

(1) The Board shall submit to the Minister not later than 31 December in each finan-
cial year an estimate of its expenditure and income (including payments from the Na-
tional Board for Technical Education Fund) during the next succeeding financial year.

(2) The Board shall keep proper accounts in respect of each financial year (and
proper records in relation thereto) and shall cause the accounts to be audited by the
Auditor-General for the Federation.

Miscellaneous and supplementary

14. Annual reports

The Board shall prepare and submit to the President through the Minister, not later
than 31 December in each financial year, a report in such form as he may direct on the
activities of the Board during the immediately preceding financial year, and shall include
in such report a copy of the audited accounts of the Board for that year and the Auditor-
General’s report thereon.

15. Power to obtain information

(1) For the purpose of carrying out the functions conferred on the Board under this
Act, the executive secretary or any other officer of the Board authorised in that behalf-

(a)              shall have a right of access to all the records of any institution to which this
section applies;

(b)              may by notice in writing served on any person in charge of any such institution
require that person to furnish information on such matters as may be specified
in that notice.

(2) It shall be the duty of any person required to furnish information pursuant to sub-
section (1) of this section to comply with the notice within a reasonable period of time.

(3) In this section, the reference to an institution to which this section applies is a ref-
erence to any polytechnics, colleges of technology or technical institution.

16. Power of Minister to give directions to the Board

Subject to the provisions of this Act, the Minister may give to the Board directions of
a general character or relating generally to matters of policy with regard to the exercise
by the Board of its functions and it shall be the duty of the Board to comply with such
directions.

17. Interpretation

In this Act, unless the context otherwise requires-

“Board” means the National Board for Technical Education established under sec-
tion I of this Act;

“chairman” means the chairman of the National Board for Technical Education;

“executive secretary” means the person appointed as the executive secretary to the
Board in pursuance of section 7 (1) of this Act;

“member” means a member of the Board and includes the chairman;

“Minister” means the Minister charged with responsibility for Education.

18. Short title

This Act may be cited as the National Board for Technical Education Act.

SCHEDULE
[Section I (2).]

Supplementary provisions relating to the Board, etc., proceedings

1. Subject to this Act and section 27 of the Interpretation Act (which provides for decisions
of a statutory body to be taken by a majority of its members and for the chairman to have a
second or casting vote), the Board may make standing orders regulating the proceedings of the
Board or any committee thereof.

[Cap. 123.]

2. Every meeting of the Board shall be presided over by the chairman or, if the chairman is
unable to attend a particular meeting, the members present at the meeting shall elect one of
their number to preside at the meeting.

3. The quorum at a meeting of the Board shall consist of the chairman (or, in an appropriate
case, the person presiding at the meeting pursuant to paragraph 2 of this Schedule) and six
other members.

4. Where upon any special occasion the Board desires to obtain the advice of any person on
any particular matter, the Board may co-optthat person to be a member for as many meetings
as may be necessary, and that person while so eo-opted shall have all the rights and privileges
of a member except that he shall not be entitled to vote.

Committees

5. (1) Subject to its standing orders, the Board may appoint such number of standing and ad
hoc committees as it thinks fit to consider and report on any matter with which the Board is
concerned.

(2) Every committee appointed under the foregoing provisions of this paragraph shall be
presided over by a member of the Board and shall be made up of such number of persons, not
necessarily members of the Board, as the Board may determine in each case.

(3) The quorum of any committee set up by the Board shall be as may be determined by
the Board.

6. Where standing orders made pursuant to paragraph I of this Schedule provide for a com-
mittee of the Board to consist of or co-optpersons who are not members of the Board, the
committee may advise the Board on any matter referred to it by the Board.

7. The fixing of the seal of the Board shall be authenticated by the signature of the chairman
or of the executive secretary of the Board.

8. Any contract or instrument which, if made by a person not being a body corporate, would
not be required to be under seal may be made or executed on behalf of the Board by the ex-
ecutive secretary or by any other person generally or specially authorised to act for that pur-
pose by the Board.

9. Any document purporting to be a contract, instrument or other document duly signed or
sealed on behalf of the Board shall be received in evidence and, unless the contrary be proved,
be presumed without further proof to have been so signed or sealed.

10. The validity of any proceedings of the Board or a committee thereof shall not be af-
fected-

(a)       by any vacancy in the membership of the Board or committee; or

(b)       by any defect in the appointment of a member of the Board or committee.

11. Any member of the Board or a committee thereof who has a personal interest in any
contract or arrangement entered into or proposed to be considered by the Board or committee
shall forthwith disclose his interest to the Board or committee and shall not vote on any ques-
tion relating to the contract or arrangement.

SUBSIDIARY LEGISLATION

                                                   No Subsidiary Legislation